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AllBar 2024CIVIL LAWIV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONSH. Easements, Easement of Right of Way (Civil Code, arts. 613-619 and 649-657)

Question

IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS
Topic: Easements

Scenario 1:

Juan owns a small farm located at the back of a subdivision. The only access road to Juan's farm is through the subdivision. Unfortunately, the subdivision association suddenly decided to close off the road, preventing Juan from entering or exiting his property. Juan seeks legal action and claims that he has the right to a legal easement of right of way. Define the elements and conditions for the establishment and extinction of a legal easement of right of way as provided for in the Civil Code. Explain whether Juan's claim for a legal easement is valid based on the given scenario.

Scenario 2:

Maria owns a property that is surrounded by several other properties. She wants to install solar panels on her roof in order to generate renewable energy for her household. However, due to the position and structure of her property, her roof is heavily shaded by neighboring buildings, preventing adequate sunlight from reaching the solar panels. Maria wants to claim the right to an apparent easement of light and view to ensure that her property will continue to receive sufficient sunlight. Discuss the requisites and effects of an apparent easement of light and view under the Civil Code. Determine whether Maria's claim for an apparent easement is justified based on the given circumstances.

Scenario 3:

Pedro owns a small lot located near a river. He wants to construct a private docking area along the riverbank for his personal use. However, the neighboring landowner, Paolo, refuses to grant Pedro permission to access his land for the construction of the dock. Pedro wishes to establish a voluntary easement of right of way over Paolo's property to ensure access to the river. Analyze the requirements and limitations for the establishment and termination of a voluntary easement of right of way. Evaluate whether Pedro can obtain a voluntary easement over Paolo's property based on the given context.




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Bar Review Question: IV. PROPERTY, OWNERSHIP, AND ITS MODIFICATIONS Topic: Easements Scenario 1: Juan owns a small fa